What does a Notary Public do?

A Notary, or Notary Public, can authenticate or witness most documents. A Notary can also arrange legalisation ( Apostilles) if needed. You will normally require the services of a Notary Public when you have documents which are to be used abroad. The Notary's signature and seal will verify to the authorities in that country that any relevant checks have been carried out and that the document has been properly signed. A Notary has no knowledge of foreign legal systems and is therefore unable to provide legal advice on documents.

What is the difference between a Notary and a Solicitor?

Notaries form a small, highly specialised branch of the legal profession, whose area of specialisation is the certification of documents so that they may be used effectively abroad.

Solicitors form by far the largest part of the legal profession. They provide advice and representation to their clients on a wide variety of legal issues, usually within the legal framework of their country of residence.

One important difference between a Notary and a Solicitor is that whereas a Solicitor's primary duty is to his client, the Notary's primary duty is to the transaction and the authenticity of the documents. As Notaries Public are recognised worldwide, they have to maintain absolute integrity and impartiality to maintain the standing of the Notarial profession.

What is Legalisation or Apostille?

Many countries also require notarised documents to be 'legalised'. This is a system which exists all round the world, not just in the UK. Legalisation is a double check to make sure that the Notary's signature is genuine. All Notaries' signatures and seals are recorded by the Foreign and Commonwealth Office. Once the authenticity of the signature is confirmed a certificate is attached, called an "Apostille". Documents may also need to be checked by foreign embassies to make sure that the Notary's signature matches the one on their records. The requirement for this will depend on the foreign country involved.

Documents in a foreign language

If a document requiring notarisation is in a foreign language it may be necessary for the document to be translated by an official translator who will then have to sign a statutory declaration certifying that it is a true translation.

What identification does a Notary Public require?

One essential part of a Notary's work is to identify the people whom they see. This has always been a part of the Notary's records to ensure that documents are correctly signed and may be relied on by persons overseas.

Following the implementation of the Money Laundering Regulations 2007, Notaries are now obliged to keep sufficient evidence on their files of the identity and the address of all their clients before they undertake any work.

Each person whose signature they are to certify must provide one of the following original identification documents at the time of the appointment.

Valid passport

Driving licence (with photo card)

In addition, they require proof of residence, which can be one of the following original documents:

Up to date printed Bank statement

Recent Inland revenue tax demand or self assessment statement

When a Notary Public is acting for a corporate client, evidence of the due incorporation of the company or entity is required. The Notary will usually wish to make their own enquiries of the Companies Registry to obtain some documents such as:

Extract from the company register

Certificate of incorporation

Latest report and audited accounts

Up to date certified copy of partnership agreement

Evidence of being regulated by a regulatory body

In addition to the above, each individual signatory will need to produce one of the identification documents mentioned above.